[2010] KEHC 1981 (KLR)
The court found that the record of appeal as filed was not properly compiled or paginated, with illegible and misplaced documents, making it impossible for the court to prepare a judgment. The court exercised its discretion to order the appellant to rectify the record, including proper pagination and marking of...
Source-derived case information.
- Citation
- [2010] KEHC 1981 (KLR)
- Parties
- Appellant: Bedford Muriithi Munyitta; Respondent: Faith Kagendo Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 52 of 2008
- Procedural Posture
- Civil Appeal / Pre Judgment; Directions on Defective Record of Appeal
- Outcome
- Record of appeal returned to appellant for proper compilation and pagination; matter stood over for mention upon rectification.
- Judges
- J Karanja
- Legal Topics
- Appeal Record Compilation, Pagination Requirements, Court Directions, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bedford Muriithi Munyitta
Appellant
Faith Kagendo Njeru
Respondent
Procedural Posture
Civil Appeal / Pre Judgment; Directions on Defective Record of Appeal
Legal Issues
- 1 Whether the record of appeal as filed is properly compiled and paginated to allow the court to proceed to judgment.
- 2 What directions should be given when the record of appeal is defective and illegible.
Ratio Decidendi
The court found that the record of appeal as filed was not properly compiled or paginated, with illegible and misplaced documents, making it impossible for the court to prepare a judgment. The court exercised its discretion to order the appellant to rectify the record, including proper pagination and marking of every tenth sentence, before the matter could proceed. The court emphasized the necessity of a clear and orderly record for the fair and efficient administration of justice in appellate proceedings.
Court Disposition
Record of appeal returned to appellant for proper compilation and pagination; matter stood over for mention upon rectification.
Orders
- The record of appeal is ordered returned to counsel for the appellant for proper compilation and pagination, including marking every tenth sentence in red ink.
- The matter to be fixed for mention before the Deputy Registrar once the record is properly done for confirmation before a date for judgment is set.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Appeal 52 of 2008
BEDFORD MURIITHI MUNYITTA……………………..APPELLANT
VERSUS
FAITH KAGENDO NJERU………………………...….RESPONDENT
Before W. Karanja J
Court:
Directions in this Appeal were taken before the Deputy Registrar 24. 11. 09 pursuant to O.XLIII Rule 5(1)(a) of the Civil Procedure Rules. Both Counsel opted to proceed by way of filing written submissions which they did. I did not therefore have any chance to go through the record of Appeal. As I settled to prepare the judgment herein, I noticed that the record of Appeal is not properly done. It is not paginated and the only pagination that appears is the one that appears in the typed proceedings.
According to the index, the statement of defence is at page 15. When I turned to page 15 however, the same falls between the evidence of the plaintiff.
Indeed, I am unable to decipher the statement of defence in the record of Appeal. The same is illegible.
I am unable to prepare the judgment with the record as it stands and regret that I have actually wasted time reading the record before I realized the said anomaly.
The record of Appeal is therefore ordered returned to Counsel for the Appellant for him to compile the record properly, paginate the same and even indicate the paragraphs/sentences (i.e. every 10th sentence in red ink).
The matter be fixed for mention before the Deputy Registrar once the record is properly done for her to confirm that the same is proper before the file is placed before me for purposes of taking a date for judgment.
W. KARANJA
JUDGE
22/06/2010
23/06/2010
Before W. Karanja J.
Mr. Mogusu present
Mr. Githinji for Wairimu present
W. KARANJA
JUDGE
Court:
Ruling delivered in open Court.
W. KARANJA
JUDGE
23/06/2010